Judge Fullerton should not be contacted on the phone directly, however his secretary's is very helpful and cases can be scheduled through her. Her name is Carolyn Parker and her phone number is (630) 407-8814.

To obtain DuPage County, Illinois Probate Court forms:

DuPage County, Illinois Circuit Court Probate forms may be obtained, cases filed and court hearing may be scheduled in person at the Clerk's Office on County Farm Rd. or Court hearings and court dates can be arranged by calling (630) 407-.8800.

Enclose a Self Addressed Stamped Envelope and Write to:

Chief Circuit Court Clerk Chris Kachiroubas

DuPage County Circuit Court Clerk

DuPage County Judicial Center

505 N. County Farm Rd.

Wheaton, IL 60187

Attention Probate Division

You may order any of the forms listed in the Forms Booklet (AD 260 - Rev. 11/96) by mail. Please indicate: (1) Quantity (2) Form Number, and (3) Description.

You must include a self addressed, stamped envelope for the return of your order. The envelope must have sufficient postage or it will be returned by the postal authorities. For each 6 forms or pages, you must include postage of 41 cents per oz.

If the total value of the Decedent’s estate, excluding real estate, is less that $100,000.00 the assets can be transferred to those entitled to them either under a will or by intestate succession by the execution and delivery to those holding the assets of the decedent (i.e a bank, stock transfer company, safe deposit box company or the Illinois Secretary of State for auto titles) of a Small Estate Affidavit. Frequently, banks and stock transfer companies will ask for letters of office; however, a small estate affidavit will usually serve the same function. The Illinois Secretary of State small estate affidavit for automobile transfers is found here http://www.cyberdriveillinois.com/departments/vehicles/title_registration/corrected_deceased.html#affidavitIndemnity Bond

Another alternative to letters of office or the small estate affidavit is the transfer indemnity bond. However these bonds may cost more than having an estate probated.

The complete small estate statutes should be read before using this affidavit for transfers. It can be found at Illinois Compiled Statutes Section 5/25-1 through 5/25-4. The online address for the Small Estate Act is: http://www.legis.state.il.us/. Click on the Illinois Compiled Statutes button, scroll down to Chapter 755 and look for “Small Estates” then click on that listing. In addition, the Secretary of State driver’s license offices provides these forms for transfer of auto titles. The DuPage Circuit Court Clerk provides these forms also.

Summary Administration

A summary probate estate administration of an estate of $100,000 or less may also be used to transfer assets and keep the costs to a minimum; however, this procedure really requires complete agreement by the heirs and anyone else entitled to the assets of the estate. While the persons entitled to the assets may obtain them faster under this procedure, the expense will probably be nearly the same or slightly less than a regular probate proceeding but places those receiving a distribution at some risk for debts of the decedent.

Probate Administration

For a Decedent Estate don't forget to tell them whether you want the forms for a Testate or Intestate Estate and whether this will be a Supervised Administration or an Independent Administration.

A Testate Estate is one where the decedent left a will. An Intestate estate is one where there is no will.

Independent administration is where the personal representative (Administrator of Executor) does not have to get certain actions approved in advance by the probate court judge.

In a Supervised Administration, the personal representative must have their actions approved by Petition and Order signed by the probate court judge before the action is taken. In Supervised Administration an inventory must be filed within 60 days of the appointment of the personal representative.

In Independent Administration the inventory is not due until the estate is being closed and then it is due not less than 30 days prior to filing of the representative’s final report and accounting. Also, an Independent Administration will be converted to a Supervised Administration by the Petition of any interested person. If such a petition is filed there is no way to stop the conversion to Supervised Administration.

Forms Needed

Testate Estate:

Petition to admit will to probate and for letters of administration

Affidavit of heirship (either “spouse and descendants” or “collateral heirs”)

Affidavit of attesting witnesses (if the will does not have such an affidavit attached to it)

Oath of Office

Surety Bond or Non-surety Bond

Order declaring heirship

Order admitting will and appointing representative (i.e. Executor)

Notice to heirs and legatees

Appearance and Consent to proof of will by Affidavit (where notice is waived by heirs and/or legatees) or Appearance on proof of will

Publication Notice

Intestate Estate:

Petition for Letters of Administration

Affidavit of heirship (either “spouse and descendants” or “collateral heirs”)

Appearance for Letters of Administration (where notice is waived by heirs)

Oath of Office

Surety Bond

Order declaring heirship

Order appointing representative (i.e. Administrator)

Publication Notice

Notice of hearing (to heirs)

Independent Administration – Publication Notice

Disabled Persons Estate:

Petition for appointment of Guardian for Disabled Person

Report of Physician

Statement of Right to Discharge Guardian

Order Appointing Guardian ad Litem for Allegedly Disabled Person

Summons for Appointment of Guardian for Disabled Person

Summons (copy)

Oath of Office for Guardian of Minor of Disabled Person

Order of Appointment - Plenary Guardian or Disabled Person

Bond of Legal Representative – No Surety or

Bond of Legal Representative – Surety

Minor’s Guardianship Estate:

Petition for appointment of Guardian

Nomination for Guardian of Minor (where Minor over 12 years agrees to Guardian)

At this point you can use the search box for forms or look on the lists presented for the form or forms that you need for your particular estate. The forms come in PDF Adobe Acrobat format, so you will need Adobe Acrobat Reader software on your computer. If you don’t have this software on your computer, the web site has a button which takes you to the Adobe Web site where you can easily download the Adobe Acrobat Reader software.

Surety Bonds

Surety Bonds may be obtained from Bill Lauhoff, who you will find just outside of Probate Courtroom 2009 almost every day that court is in session.

Court Clerk’s Office

The DuPage County Probate Court Clerk's office is located on the first floor of the DuPage County Judicial Center at the North end of the Building. The DuPage County, Illinois Circuit Court Clerk's office is open from 8:30 A.M. to 4:30 P. M. from Monday to Friday, holidays excluded. It is best to call in advance of going to the DuPage County Courthouse and to schedule a court date. Remember - Courthouses have security and you will have to pass through a metal detector and maybe even searched before being allowed in. The security is similar to that at airports.

Parking

Free Parking for the DuPage County Courthouse is located on the East side of the Courthouse in a large four story building.

The probate court room is on the second floor of the Courthouse. As you enter the courthouse building on the East side you will see an escalator in front of you or elevators to you right. Take either to the second floor and turn to your right and continue down the hallway to Room 2009.

Scheduling

To schedule a matter before Judge Fullerton you will find the entrance to his Reception area and his secretary Carolyn through the doorway to the right of the elevators next to the escalator on the second floor. Most matters before Probate Court Judge Paul M. Fullerton can also be scheduled by calling his Secretary Carolyn Parker at (630) 407-8814.

Contested Matters

Before hearing any contested matter Judge Fullerton requires that copies of all documents (pleading, affidavits, etc.) involved in the hearing be delivered to his office at least 7 days before the hearing.

Filing a New Probate Case

Warning! Any matter that requires one to appear in a courtroom almost always requires the assistance of an attorney. Remember the very truthful adage: "He who has himself for a lawyer, has a fool for a client."

A new DuPage County, Illinois Probate Estate may be opened by first filing the will of the decedent, if there is a will, with the DuPage County, Illinois Probate Court Clerk. A filed will is given a file number. If one is filing the Petition to open an estate at the same time tell the Clerk so that only one file number is given to the matter. If the will was filed earlier and one is later filing the Petition to open the estate, be sure to tell the Clerk to send the will file up to the Courtroom along with the case file. Then, after filing the original Petition and payment of the filing fee with the DuPage Circuit Court Clerk, one should call Judge Fullerton's Secretary Carolyn to schedule a date for hearing. On the hearing date appear in Room 2009 at 8:15 A.M. and give the Notice of Hearing, if required, and the oath, bond, heirship affidavit, heirship order, order appointing representative and copy of original petition to Jill, Judge Dudgeon's Clerk. The Clerk will review the forms and ordinarily be able to tell you if there is any problem with any of them. If all the forms are properly filled out, at the 9:00 A.M. Probate Call Judge Fullerton will sign the orders appointing the representative, determining heirship, setting bond and opening the estate that morning and letters of office will be mailed within a few days. Upon filing an estate in the Clerk’s office a one year status date is set for closing of the estate, so you should make note of and calendar this date. You will find this information on the blue filing fee receipt you receive when you file petition. If, by reason of some emergency, copies of letters of office are immediately needed, tell the Court Clerk and wait until the end of the call. The Clerk will accompany you to the Clerk's office, deliver the order there, where you can order and received your copies of the letters of office. The first copy of letters of office is free with all additional copies costing $2.00. For most estates the filing fee will be $248.00. Note that the blue receipt you receive when you open an estate has on it the date for the first status date with the court and should be calendared so you don’t miss the date and get a reminder letter from the Court Clerk or worse – find that the personal representative has been removed and replaced by the Public Administrator.

Closing a Decedent Estate

Closing a decedent’s estate can be done in the same manner. Send notice to all interested parties and send a copy of the Notice, Inventory, Final Account and Final Report to Judge Leston at least 7 days before your hearing date. Call Carolyn, Judge Fullerton's Secretary, for a hearing date. Appear at 8:15 A.M. in Room 2009, give the Final Account, Notice of Motion, Final Account, Vouchers, Final Report, Publication Notice and Order of Discharge to his clerk and appear before Judge Fullerton at 9:00 A.M. If every thing is in order, the Estate will be closed.

The Public Administrator of each Illinois county is appointed by the Governor of Illinois to a four year term, during which he is appointed by the Probate Court to manage estates of individuals who die without a will and/or without known heirs. The Public Administrator may also be appointed to manage the estates where there has been a failure to file an account, upon embezzlement, fraud, mismanagement or where a conflict of interest may exist. If no heirs to an estate are found, the estate assets, after payment of all legitimate claims and fees, are given to the County Treasurer.

The Public Guardian of DuPage County, appointed by the Illinois Governor is:

Donald E. Puchalski

111 W. Washington St. Suite 751

Chicago, Illinois 60602-2705

(312) 332-4428

Fax (312) 726-4522

The DuPage County Public Guardian is appointed in Adult Guardianship estates where no one else is willing or able to act and there are assets of more than $25,000.00. The State Public Guardian acts in cases involving less that $25,000.00.